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A.N.P.P. v. P.D.P.

ALL NIGERIA PEOPLES PARTY (A.N.P.P.)

V

PEOPLES DEMOCRATIC PARTY (P.D.P.) AND 172 ORS.

COURT OF APPEAL

( PORT HARCOURT DIVISION )

SUNDAY AKINOLA AKINTAN, JCA ( Presided )

ABOYI JOHN IKONGBEH, JCA ( Read the Lead Judgment )

DAVID ADEDOYIN ADENIJI, JCA

CA/PH/EPT/206/2003

WEDNESDAY, 26TH NOVEMBER, 2003

ACTION - Competence of election petitions or other processes of court -  Challenge of by way of preliminary objection - Need to confine basis of challenge to defects apparent on the face of petition

ELECTORAL MATTERS - Election petition or other processes of court Challenge of by way of preliminary objection - Need to confine basis of challenge to defects apparent on the face of petition

PRACTICE AND PROCEDURE - Competence of election petitions or other processes of court - Challenge of by way of preliminary objection - Need to confine basis of challenge to defects apparent on the face of petition

Issue:

Whether the Tribunal was right to have adjudged the petition filed by the appellant as incompetent.

Facts:

The appellant herein being dissatisfied with the return of the 1st respondent’s candidates as winners of the legislative houses election into the Rivers State House of Assembly, presented a petition to the Election

Petition Tribunal sitting at Port Harcourt to have the results reversed in its favour. Upon being served with the petition, the 1st respondent entered a conditional appearance and thereafter filed an application praying the Tribunal to strike out the petition on the grounds that the petitioner had no locus standi to present the petition and that the petition was statute barred. The supporting affidavit contained facts contradictory and extraneous to the petition. Therein the respondent alleged that by a communique which was attached as exhibit, the petitioner boycotted the election and that the results of the election were announced two (2) days earlier than the date stated in the petition. On the basis of this the Tribunal struck out the petition. Aggrieved, the petitioner appealed to the Court of Appeal.